Company Size Impact Constructive Dismissal
Generally, a constructive dismissal is a breach of contract that entitles an employee to damages equal to the remainder of their employment term. The amount of damages can be significant. However, the time to file a constructive dismissal claim is limited. Generally, private sector employees have 180 days to pursue a claim for wrongful termination and federal employees have 300 days.
To determine whether or not your situation qualifies as a constructive dismissal, it is important to understand what constitutes a “fundamental change” in the terms of your employment. Although it can vary on a case-by-case basis, some examples of a fundamental change are: For example, if your employer imposes a substantial change that is substantially adverse to the terms of your employment contract or a significant part thereof, this can qualify as constructive dismissal.
This can include changing your work schedule (such as going from a 9 to 5 shift to overnight shifts) and changes in reporting relations and/or duties. It can also include demotions if they are imposed without justification and significantly impact your compensation, status or role within the company. It can also include requiring you to relocate to a different geographical location that impacts your commute and work-life balance. It is also essential to remember that your employer must have acted in a manner that was not only unreasonable but also continued to act in such a way even after you made a complaint and/or expressed your desire to leave. For this reason, it is recommended to try and resolve the issue with your employer informally before you take any legal action.
How Does Company Size Impact Constructive Dismissal?
This can include contacting a reputable employment lawyer to help you protect your rights. It is also important to keep records of the events and to document any communications with your employer. This will help you to demonstrate that the actions of your employer were unreasonable and may be grounds for a constructive dismissal lawyer claim.
Lastly, it is always recommended to avoid resigning before the breach of contract takes place. Doing so could result in a finding that you implicitly accepted the breach, which could significantly reduce your potential damages. If you believe that you have been constructively dismissed, our firm is here to support you throughout this difficult process. We will review your situation and advise you on the best options moving forward. We will then proceed to file a complaint with either Small Claims Court or Superior Court depending on the amount you are seeking in damages.
Contact our office today to learn more about how we can help you. We are conveniently located at the intersection of Highway 401 and Highway 404 with ample parking available. Our consultations are free of charge. We are dedicated to providing the highest level of service and professionalism. We look forward to speaking with you soon! HTW Law – Employment Lawyers.
